NORWAY Law and Practice Contributed by: Thomas Talén, Øyvind Clausen Bade, Marte Dahl and Marianne Viset, Ro Sommernes Advokatfirma AS
The Norwegian Bar Association has developed sepa - rate guidelines for private investigations conducted by lawyers. These apply in principle to lawyers, but may also provide guidance for others who conduct HR internal investigations. 1.3 Communication Channels Notices of concern may be made on three levels: either internal, to public authorities, or external. It is mandatory for organisations that regularly employ at least five employees to have procedures for internal whistle-blowing. Organisations with fewer employees must also have such procedures if the circumstances in the organisation require so. The need for proce - dures will depend on a specific risk assessment in the organisation. The threshold is low: it is primarily uncomplicated organisations with few employees that do not have a duty to establish procedures. Regard - less of the number of employees, the duty to handle notices in a proper and secure way within a reason - able timeframe still applies. The procedures for notices of concern must specify to whom notices should be sent. This may be, for example, a person in the company, an employee rep - resentative, a person in management, a person in an HR position, or an external party. With regard to internal whistle-blowing, employees may always report: • to the employer or a representative of the employ - er; • in accordance with the organisation’s whistle-blow - ing procedures; • in accordance with a duty to report; and • via a health and safety representative, employee representative, or lawyer. It is possible to report anonymously. Employees may also request that the employer keep the notice of concern confidential, including that the identity of the person reporting must not be disclosed. 1.4 Responsibility The employer is responsible for ensuring that a notice of concern is sufficiently investigated. The handling of
the notice of concern may be conducted both inter - nally and externally. Norwegian law does not impose requirements as to who within the employer’s organisation should initi - ate the investigation; the law only requires that the employer initiate adequate investigations within a rea - sonable timeframe. See 1.2 Bases on how employees may report internally and to whom. The employer may outsource the handling of the (internal) notice of concern to an external party. Exter - nal handling of notices of concern may occur both where an employer does not have the resources or competence internally to investigate, and where the notice of concern relates to matters that should be assessed by external parties. For example, this may apply where the notice of concern is related to the executive management. The employer may also implement a hybrid solution, where the notice of concern is handled internally but external expertise is also utilised based on the nature of the reported issue. 1.5 Obligation to Carry Out an HR Internal Investigation Upon receipt of a notice of concern, the employer must conduct adequate investigations within a rea - sonable timeframe. In other words, the employer has a duty to act. Whether a notice constitutes a notice of concern according to the law requires a case-by-case assessment; see 1.1 Circumstances . 1.6 Prohibition on Carrying Out an HR Internal Investigation There are no specific prohibitions on initiating an HR internal investigation. However, the employer may refrain from doing so if the matter either does not constitute a notice of concern according to the law or there is no need for further investigation. Whether further investigation is necessary will depend on the specific case, including the nature of the notice of concern and the severity of the matter. 1.7 Other Cases Where a notice does not qualify as a notice of con - cern under the WEA, the employer must assess the
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